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CITY OF PHILADELPHIA v. NATIONAL SURETY CORPORATION

Civ. No. 1449.

48 F.Supp. 381 (1942)

CITY OF PHILADELPHIA, to Use of WARNER CO., v. NATIONAL SURETY CORPORATION et al.

District Court, E. D. Pennsylvania.

December 29, 1942.

Attorney(s) appearing for the Case

Edward H. Cushman, of Philadelphia, Pa., for use-plaintiff.

Conlen, LaBrum & Beechwood, of Philadelphia, Pa. (George E. Beechwood, of Philadelphia, Pa., of counsel), for defendant and third-party plaintiff.

Ernest Lowengrund, Acting City Sol., and Samuel Feldman, Asst. City Sol., both of Philadelphia, Pa., for third-party defendant.

KALODNER, District Judge.

During the period between June 1927 and June 1931 the City of Philadelphia entered into a number of contracts with the Municipal Construction Company, Incorporated, a Pennsylvania corporation, under the terms of which the latter agreed to furnish and supply labor and material for the paving of a number of streets and highways in the said city. The contracts contained a provision to the effect that the contractor was to keep the paving in...

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